Summary: We will not investigate Mr X’s complaint about the Council’s decision that his property is suitable for its new wheeled bin collection. There is insufficient evidence of fault to justify an investigation.

The complaint

1. Mr X complains about the Council’s decision that his property is suitable for its new wheeled bin collection and that it has refused his request to remain on sack collection. He says it has also refused his request for an assisted collection and not considered his disability in its decision making. He wants the Council to allow him to remain on sack collection.

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The Ombudsman’s role and powers

2. We investigate complaints about ‘maladministration’ and ‘service failure’, which we call ‘fault’. We must also consider whether any fault has had an adverse impact on the person making the complaint, which we call ‘injustice’. We provide a free service, but must use public money carefully. We do not start or continue an investigation if we decide there is not enough evidence of fault to justify investigating.

(Local Government Act 1974, section 24A(6), as amended, section 34(B))

3. We investigate complaints of injustice caused by ‘maladministration’ and ‘service failure’. I have used the word fault to refer to these. We consider whether there was fault in the way an organisation made its decision. If there was no fault in how the organisation made its decision, we cannot question the outcome. (Local Government Act 1974, section 34(3), as amended)

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How I considered this complaint

4. I considered information provided by the complainant and the Council.
5. I considered the Ombudsman’s Assessment Code.

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My assessment

6. In 2024, the Council approved changes to its waste collection service. It previously collected sacks but decided to replace this service with three wheeled bins per property. As part of the changes the Council said it would assess the suitability of every property in its area for a wheeled bin collection.  
7. The Council offered all households a right of review against its decision as an alternative to its complaints process.  
8. The Council decided Mr X’s property was suitable for wheeled bins. Mr X asked for a review of this decision. The Council maintained its decision that his property was suitable.
9. We will not investigate this complaint. The Council was entitled to change how it collected waste including the containers it provides to do so. Based on the evidence seen, there is insufficient evidence of fault in how the Council implemented the changes to its waste collections, and so we will not investigate this.  
10. We will also not investigate the Council’s decision that Mr X’s property is suitable for the wheeled bins. The Ombudsman is not an appeal body. This means we will not replace our decision with one that has been correctly made. The Council followed its processes when it carried out Mr X’s review. It considered the information provided against its criteria for determining whether his property was suitable. There is insufficient evidence of fault to justify an investigation.
11. The Council has told us that it has not received a request from Mr X for an assisted collection. If Mr X feels he needs an assisted collection, it is open to him to request this.

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Final decision

12. We will not investigate Mr X’s complaint because there is insufficient evidence of fault to justify an investigation.

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Investigator's decision on behalf of the Ombudsman